Cops: Dad assaulted his 4-month-old son

CHESTER TOWNSHIP -- A township man allegedly told police he "sort of threw" his 4-month-old son onto a changing table because the infant threw up on him during a feeding.

The baby boy suffered numerous subdural hemorrhages and multiple skull fractures, allegedly at the hands of his father, Brandon Malone.

Malone, 26, was arrested Monday night at his home in the 1300 block of Powell Road after authorities determined that the infant's injuries were not consistent with his explanation of what occurred the night of Feb. 28.

According to the affidavit of probable cause written by Detective James Mullen, police were called to the family's home at 8:33 p.m. that night for an infant in respiratory distress. When they arrived, Malone's mother was performing cardio pulmonary resuscitation on the baby. Paramedics transported the infant to Crozer-Chester Medical Center, where police spoke with Malone.

According to the affidavit, Malone told police the baby had been crying and threw up on him while he was feeding him on the couch. He allegedly said when he took the baby upstairs to change him he noticed his son was not breathing. Malone said he picked up the infant and began smacking him on the stomach, the affidavit states. When that didn't work, he asked his parent for help.

A short time later, a charge nurse from CCMC told police that the child had bleeding on the brain and chronic and acute skull fractures, signs of possible child abuse.

A CCMC physician told investigators the baby's prognosis was very poor. The baby boy was on a ventilator, unable to break on his own, and had several skull fractures, according to the affidavit.

The infant was transported to A.I. DuPont Hospital in Delaware.

Mullen spoke with the baby's parents, who told him Malone was home when the baby woke up from a nap and was crying. Malone allegedly said the baby vomited on him during a feeding and he went upstairs to change him. He said his son was still crying when he suddenly took what he believed was a last breath, had a seizure then went limp, the affidavit states.

Malone told police the baby had been acting normally during the day, but appeared to be getting a cold, the affidavit states. When told the 4-month-old had skull fractures, Malone allegedly responded that about one month earlier, the infant had fallen off the bed and hit his head. Both mother and father said that when that occurred, they had the baby checked out by a physician and were told he was OK.

The baby's mother told investigators that said she was out of the house that night when she received a phone call that something was wrong with her son. She arrived home as the ambulance was arriving.

The infant was transferred to A.I. DuPont's Pediatric Intensive Care Unit in critical conditions. Physicians advised investigators that the baby had bilateral subdural hemorrhages, multiple skull fractures and bilateral retinal hemorrhages too numerous to count, according to the affidavit.

On March 1, Malone gave police a taped interview during which he demonstrated how he threw the baby onto the couch the night he was injured, the court document states. He allegedly said he became frustrated when the baby vomited. He went upstairs to change him and sort of threw and dropped the baby onto the changing table from about 8 inches away, according to the affidavit. Malone allegedly explained his son could have hit his head on the metal rail around the changing table, but he was unsure.

Malone was arraigned Tuesday on charges of simple and aggravated assault and endangering the welfare of a child. Magisterial District Judge C. Walter McCray set bail at 10 percent of $500,000. Malone was transported to Delaware County prison after failing to post bail.

According to Mullen, the baby has been released from the hospital. Because of the baby's age, physicians are unsure as to the long-term effects of his injuries.

The victim and three of his siblings were removed from the family's home and are currently in the custody of Delaware County Children and Youth Services.